Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed July 2026 · England & Wales
If you were injured in a road traffic accident that wasn't your fault, you may be able to claim compensation. In England & Wales you usually have three years from the date of the collision (or from when you realised your injury was linked to it) to claim. Drivers, passengers, motorcyclists, cyclists and pedestrians can all claim, most cases settle without court, and claims are typically funded on a no win, no fee basis.
Road traffic accidents happen suddenly. One moment you are driving to work, collecting your children, cycling home, or crossing the road — the next, your life may feel disrupted by injury, vehicle damage, insurance complications, and uncertainty. Road traffic accident claims are not about confrontation. They are about accountability, rehabilitation, and ensuring that people injured through avoidable negligence are not left to absorb the consequences alone. This guide explains how RTA claims work in England & Wales, from the immediate aftermath of a collision through to settlement and compensation.
Related services: Road Traffic Accident Claims · Motorcycle Accident Claims · Cycling Accident Claims · Pedestrian Accident Claims · Personal Injury Claims
All drivers owe a duty to drive with reasonable care and skill. Where that duty is breached and someone is injured as a result, a claim may follow. At NJS Law we act for:
Each category involves distinct evidential and legal considerations. RTA claims also have features that set them apart from other personal injury claims: compulsory motor insurance, claims handled primarily between insurers, structured pre-action protocols, whiplash tariff regulations in certain cases, and the possibility of Motor Insurers' Bureau (MIB) claims where the at-fault driver is uninsured or untraced.
Your safety and wellbeing always come first — legal considerations can wait. If you are involved in a collision, move to a safe location if possible, turn off engines, activate hazard lights, and call emergency services if anyone is injured. You are legally required to exchange your name and address, vehicle registration, and insurance details if requested. If the other driver refuses or leaves the scene, report it to the police as soon as possible. Police attendance creates an independent record and usually a reference number, which can be important evidence.
Your health is the priority, but prompt medical assessment also creates essential documentation. Seek urgent care for a head injury, loss of consciousness or confusion, suspected fractures, severe neck or spinal pain, neurological symptoms, or chest or abdominal pain. Many RTA injuries — particularly whiplash, lumbar strain, shoulder and knee injuries, and psychological trauma — develop gradually. If symptoms appear in the days after the collision, see your GP, state clearly that they began after the accident, and ensure it is recorded in your notes. Medical records often become the central evidence in a claim.
You are not expected to build your own legal case, but certain evidence can significantly strengthen a claim. Photographs can capture vehicle damage, road layout, skid marks, signage, weather and visibility, and debris. Dashcam footage, nearby CCTV and bus or commercial vehicle cameras increasingly resolve liability disputes — if you believe footage exists, it should be preserved quickly before it is overwritten. Independent witnesses are often decisive in junction collisions, lane-change disputes and pedestrian crossings, so obtain contact details where possible.
You are not expected to determine who was legally at fault or argue liability with the other driver — that is your solicitor's role. In some cases responsibility is shared (split liability), and compensation may be reduced proportionately, for example 75/25 or 50/50. If the at-fault driver has no insurance or cannot be traced, a claim may be brought via the Motor Insurers' Bureau (MIB). These claims follow different procedural rules but remain viable.
Once instructed, NJS Law takes responsibility for progressing the claim — reviewing available evidence, obtaining medical records, identifying the correct insurer, submitting a formal claim notification, and managing all insurer correspondence including liability responses and negotiations. Throughout, we keep you informed, explain each stage clearly, and ensure decisions remain firmly in your control.
Most RTA claims are funded under a no win, no fee agreement (see below). An independent medical expert assesses your injury diagnosis, recovery time, ongoing symptoms and long-term prognosis; serious cases may need multiple experts. If liability is admitted early, interim payments can fund private physiotherapy, reduce financial pressure, or pay for specialist equipment. Most claims settle through negotiation once medical evidence and financial losses are assessed. Court only becomes necessary where liability remains disputed, offers are unreasonable, or limitation deadlines approach — and even then most cases settle before trial. Once settled, payment is usually made within a few weeks.
Time limits in RTA claims are governed by the Limitation Act 1980. In most adult cases, court proceedings must be issued within three years of the date of the accident or the date of knowledge of the injury. If proceedings are not issued in time, the claim can become statute-barred — you may lose the legal right to pursue compensation even if the claim would otherwise have succeeded. Important exceptions apply:
Worried you might be running out of time? It is free to check where you stand — with no obligation.
Check my time limitFor a full breakdown, see our complete guide to claim time limits.
There is no fixed amount — it depends on the severity of your injury and its financial impact. Compensation is usually divided into two parts:
Certain low-value whiplash injuries fall under statutory tariff compensation rules (the Whiplash Reform). More serious injuries fall outside the tariff and are valued using the Judicial College Guidelines, with psychological injury beyond travel anxiety assessed separately and financial losses recoverable in addition.
| Type of injury | Key factors | Indicative range |
|---|---|---|
| Whiplash / minor soft tissue | Tariff-based for low-value claims; recovery period | Tariff – £4,345+ |
| Moderate neck injury | Duration of symptoms, impact on daily life | £4,350 – £24,990 |
| Moderate back injury | Mobility and work impact, duration | £12,000 – £38,000 |
| Serious back injury | Permanent symptoms, nerve involvement | £38,000 – £170,000+ |
| Arm / shoulder injury | Severity, dominant arm, impact on work | £6,500 – £45,000 |
| Leg fracture (simple) | Recovery time, surgery, long-term impact | £7,000 – £20,000 |
| Head and brain injury | Cognitive impairment, long-term care | £15,000 – £380,000+ |
| Psychological injury (incl. PTSD) | Severity, duration, impact on life | £3,500 – £100,000+ |
Ranges are for general guidance only — they are not a quote. Low-value whiplash claims are subject to the statutory tariff; other injuries are assessed using the Judicial College Guidelines. The amount depends on the specific facts of your case, and financial losses (special damages) are awarded on top.
Want to know what your claim could be worth? Our team can give you a free, no-obligation assessment.
Get a free assessmentMost RTA claims resolve through negotiation. Straightforward claims, where liability is clear and recovery is predictable, often take around 12 to 18 months. More complex or serious cases — involving disputed responsibility, ongoing treatment or long-term prognosis — can take two to three years or longer, as the full impact of the injury needs to be understood before the claim can be concluded.
Most RTA claims are funded under a no win, no fee agreement (a Conditional Fee Agreement): no upfront fees, no legal fees to pay if the claim does not succeed, and a capped deduction from compensation only if it succeeds. In some cases additional insurance may be arranged to protect you against certain costs. All funding is explained clearly before you proceed. Read how no win, no fee works for car accident claims.
We understand that making a claim can feel overwhelming — clients are often frustrated with insurers, unsure about the legal process, or anxious about court. We provide clear, realistic advice from the outset, prepare cases thoroughly using evidence-led approaches, explain funding transparently, and keep you regularly updated. Throughout, we offer calm, practical guidance while ensuring you remain in control of all key decisions. More reasons to choose NJS Law.
Contacting NJS Law does not commit you to a claim. We'll listen, explain how the law applies, and tell you honestly whether we can help — free and with no obligation.
Start my free claim check → or call free on 0800 6525 656 · No win, no fee on eligible claims (subject to terms)Yes. Passengers are usually entitled to bring a claim if injured due to a driver's negligence. The claim is made against the at-fault driver's insurer — not the driver personally — so even if the driver was a friend or family member, compensation is paid by the insurer. Read more about passenger claims.
Yes. This is known as contributory negligence or split liability. Compensation may be reduced to reflect your share of responsibility, but you may still recover a substantial part of your losses — or all of them if you are an innocent passenger.
Failure to wear a seatbelt may reduce compensation if it can be shown your injuries were worsened as a result. However, it does not prevent a claim.
Yes. Cyclists and pedestrians are vulnerable road users and may claim where drivers fail to give way, overtake unsafely, open car doors into their path, or collide with them. Cyclists are not required to have insurance to pursue compensation. Read more about cyclist claims.
Yes. You do not need a physical injury to bring a claim if you have a recognised psychological injury such as travel anxiety, PTSD, depression or adjustment disorder, supported by medical evidence from a psychiatrist or psychologist.
A denial does not prevent a claim — liability can be established through witness evidence, dashcam footage, accident reconstruction, vehicle damage analysis and police reports. If the other driver was uninsured or untraced, you may bring a claim through the Motor Insurers' Bureau. Different procedural rules apply, but compensation may still be recovered.
Yes. Compensation may include past lost wages, overtime, missed bonuses and future loss of earning capacity, supported by payslips or, if self-employed, accounts and tax records. Property damage and personal injury claims can also run alongside each other.
Very few road traffic accident claims reach trial. Claims are handled between insurers and solicitors, so personal confrontation is not required. If court becomes necessary, you will be fully supported and prepared.
Explore specific topics in detail — part of our complete road traffic accident resource.
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